Branyon v. Kirk’s Empirical Analysis
1939
Citation profile
2 federal appellate · 59 state decisions
How this case has been cited
Cited by 61 later decisions — most recently July 2010 · most notably City of Huntsville v. Miller (1958), McNeil v. Hadden (1954)
2 federal appellate · 59 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Finnell v. Pitts · Yauger v. Taylor · Garlington v. City of Birmingham · Smith v. Cook · Hamilton v. Alabama Power Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Whether the possession to a given location is adverse is one of intention. If it was so held because he considered it his own, and claimed it as his own, it is hostile though he does not suppose he is claiming more than he owns; and that such claim is by a mistake of fact. It is not necessary for one to know that he is claiming the property of another when he is in the actual possession of it to make such possession adverse to the true owner. If he is in the actual possession with the intention to hold it and claim it as his own, it is adverse. Brantley v. Helton, 224 Ala. 93 , 139 So. 283 .””
1 later decision quote this exact passagee.g. McKee v. Goldthwaite“"* * * The liability of a city to adjoining property owners for the consequences of its highway and drainage construction, by which levels are changed and drains and gutters constructed in the streets, have been heretofore treated as a permanent and unabatable condition, with consequences materially different from those occasioned by abatable nuisances. Harris v. Town of Tarrant City, 221 Ala. 558 , 130 So. 83 ; City of Birmingham v. Evans, 221 Ala. 381 , 129 So. 50 ."”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.